Contract for POLICE EQUIPMENT & SUPPLIES ... - Maricopa County

SERIAL 12094 C POLICE EQUIPMENT & SUPPLIES: GUNS, STUN/TASER & 

ACCESSORIES 

DATE OF LAST REVISION: November 06, 2012 CONTRACT END DATE: October 31, 2015 

CONTRACT PERIOD THROUGH OCTOBER 31, 2015 

TO: All Departments 

FROM: Office of Procurement Services 

SUBJECT: Contract for POLICE EQUIPMENT & SUPPLIES: GUNS, STUN/TASER & 

ACCESSORIES 

Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to 

Maricopa County activities as awarded by Maricopa County on October 17, 2012. 

All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the 

vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. 

The contract period is indicated above. 

Wes Baysinger, Chief Procurement Officer 

Office of Procurement Services 

BG/mm 

Attach 

Copy to: Office of Procurement Services 

Sue Malinowsky, Sheriff’s Office 

Amie Bristol, Sheriff’s Office 

(Please remove Serial 06091-C from your contract notebooks)

PROFORCE MARKETING, INC., 3009 N. HIGHWAY 89, PRESCOTT, AZ 86301 

COMPANY NAME: Proforce Marketing INC 

DOING BUSINESS AS (DBA) NAME: Proforce Law Enforcement 

MAILING ADDRESS: 3009 N Hwy 89 Prescott, AZ 86301 

REMIT TO ADDRESS: 3009 N Hwy 89 Prescott, AZ 86301 

TELEPHONE NUMBER: 800-367-5855 

FACSIMILE NUMBER: 928-445-3468 

WEB SITE: www.proforceonline.com 

REPRESENTATIVE NAME: Mike Massimo 

REPRESENTATIVE TELEPHONE NUMBER: 800-367-5855 

REPRESENTATIVE E-MAIL: sales@proforceonline.com 

WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM 

THIS CONTRACT: 

WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: 

NET 30 DAYS 

Stun Guns 

Unit 

Title 

Price 

X2 Taser, handle, yellow/black, Class III $950.00 

SERIAL 12094-C 

YES NO REBATE 

Qty UofM Bidder Notes 

1 each Warranty information not listed on X-2 

TASER as indicated on Addendum #1 

4- year Warranty - #22014 - $299.99 ea 

X2 Holsters, right $59.95 1 each Blade-Tech - #22500 

Blackhawk - #22501 

Safariland - #22502 

X2 Holsters, left $59.95 1 each Blade-Tech - #22503 

Blackhawk - #22504 

Safariland - #22505 

Cartridge, Performance, Smart, 25' $28.95 1 each 

Cartridge, Performance, Training, 25' $27.95 1 each 

TASER Cam, TCHD—X2 $499.95 

X26E Advanced Taser with extended 

digital power magazine 

$812.00 

1 each Warranty information not listed as stated on 

Addendum #1 

Taser Cam Warranty - #26763 - $149.95 ea 

1 each Black/Silver - #26512 

Yellow/Black - #26524 

Black/Black - #26549


Accessories 

Title 

Taser Instructor Certifications and Re- 

Certifications 

Unit 

Price 

$350.00 

Air Cartridge, 21-FT – 28 PK $613.20 

Qty UofM Bidder Notes 

1 each New Certification - $350.00 ea 

Re-Certification - $175.00 ea 

1 each 

Air Cartridge, 21-ft – Individual 

Cartridges 

$21.90 1 each 

Air Cartridge, 15-FT – 28 PK $557.20 1 each 

Air Cartridge, 15-FT – Individual 

Cartridges 

$19.90 1 each 

Training Cartridge $20.92 1 each 

Taser Practice Target, 6-pack $41.70 1 each 


Battery Pack with Tray: X-2 $0.00 1 each There is no Battery Pack with Tray for the 

X-2 

Battery Charger: X-2 $0.00 1 each There is no Battery Charger for the X-2 

Air Ballistic Nylon Thigh Holster, Right 

side 

$79.95 1 each 

Air Ballistic Nylon Thigh Holster, Left 

side 

$79.95 1 each 

Secondary cartridge clip $69.95 1 each X26 - Left Handed - #44941 

X26 - Right Handed - #44940 

Battery Pack with Tray: X-26E $0.00 1 each There is no Battery Pack with Tray for the 

X-26 

Battery Charger: X-26E $0.00 1 each There is no Battery Charger for the X-26 

Trade In Value for X-26 or M-26 

$210.00 trade in value valid for all orders placed before September 30, 2012 

$160.00 trade in value valid for all orders placed before December 31, 2012 

No trade in value after December 31, 2012


Added Effective 10/30/12 

SERIAL 12094-C


SERIAL 12094-C


PRICING SHEET: NIGP CODE 68050, SLAW377, SLAW378, SLAW379, SLAW380 

Vendor Number: 2011002408 0 

Certificates of Insurance Required 

Contract Period: To cover the period ending October 31, 2015. 

SERIAL 12094-C

POLICE EQUIPMENT & SUPPLIES: GUNS, STUN/TASER & ACCESSORIES 

1.0 INTENT: 


The intent of this Invitation for Solicitation is to establish a contract for Taser devices, Taser Instructor 

Certifications, Taser Repair and Maintenance and all Taser accessories. The accessories will include the 

following items but are not limited to Taser cams, cartridges, batteries, holsters, battery chargers, extended 

warranties, etc). 

Other governmental entities under agreement with the County may have access to services provided 

hereunder (see also Sections 2.20 and 2.21, below). 

The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where 

the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to 

ensure adequate competition on any project or task order work. 

2.0 SPECIFICATIONS: 

2.1 TECHNICAL REQUIREMENTS: 

2.1.1 X2 Taser, handle, yellow/black, class lll 

2.1.2 X2 Holsters, right/left, 

2.1.3 Cartridge, Performance, Smart, 25’ 

2.1.4 Cartridge, Performance, Training, 25’ 

2.1.5 TASER Cam, TCHD—X2 

2.1.6 4 Year Warranty for X2 

2.1.7 Warranty 4 Year for Taser Cam HD 

2.1.8 X26E Advanced Taser with extended digital power magazine 

2.1.9 Taser Instructor Certifications and Re-Certifications 

2.1.10 Air Cartridge, 21-FT – 28 PK 

2.1.10.1 Air Cartridge, 21-ft – Individual Cartridges 

2.1.11 Air Cartridge, 15-FT – 28 PK 

2.1.11.1 Air Cartridge, 15-FT – Individual Cartridges 

2.1.12 Training Cartridge 

2.1.13 Taser Practice Target, 6-pack 

2.1.14 Battery Pack with Tray 

2.1.15 Battery Charger 

2.1.16 Air Ballistic Nylon Thigh Holster, Right side 

2.1.17 Air Ballistic Nylon Thigh Holster, Left side 

2.1.18 Secondary cartridge clip

2.2 USAGE REPORT: 


The Contractor shall furnish the County a quarterly usage report delineating the acquisition 

activity governed by the Contract. The format of the report shall be approved by the County and 

shall disclose the quantity and dollar value of each contract item by individual unit. 

2.3 DELIVERY AND INSTALLATION: 

After the Using Agency requests an order release from the Contractor, delivery shall be F.O.B. 

Destination Freight Prepaid within seven (7) days to any delivery location within Maricopa 

County. 

2.4 EXPEDITED DELIVERY: 

2.4.1 If the Using Agency determines that rush shipping or other alternate shipping is required, 

it shall notify the Contractor. The Contractor shall determine any additional costs 

associated with such delivery terms and communicate that cost to the Using Agency. 

2.4.2 The Using Agency shall not advise the Contractor to proceed with an expedited shipment 

until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to 

the additional costs, the Using Agency shall advise the Contractor to proceed. 

2.4.3 Upon receipt of material(s) and invoicing, the Using Agency shall ensure that any 

additional charges are in compliance with and do not exceed agreed to costs. The Using 

Agency shall retain all documents related to these costs within the agency purchase file. 

2.5 SHIPPING DOCUMENTS: 

A packing list or other suitable shipping document shall accompany each shipment and shall 

include the following: 

2.5.1 Contract Serial number. 

2.5.2 Contractor’s name and address. 

2.5.3 Using Agency name and address. 

2.5.4 Using Agency purchase order number. 

2.5.5 A description of product(s) shipped, including item number(s), quantity (ies), number of 

containers and package number(s), as applicable. 

2.6 SHIPPING TERMS: 

Bid price(s) and terms shall be F.O.B. Destination Prepaid at: 

Phoenix, Arizona 85009 

2.7 OPERATING MANUALS: 

Upon delivery, Contractor shall provide two comprehensive operational manuals, service manuals 

and schematic diagrams, if required by the Using Agency. 

2.8 SAMPLES: 

The Contractor may be requested to furnish samples of material(s) bid for examination by the 

County. Any materials so requested shall be furnished within five (5) working days from the date 

of request and furnished at no cost to the County and sent to the address designated in the 

requesting correspondence.

2.9 TESTING: 


Unless otherwise specified, materials purchased will be inspected by the Using Agency to ensure 

the materials meet the quality and quantity requirements of the Specifications. When deemed 

necessary by the County, samples of the materials may be taken at random from stock received for 

submission to a commercial laboratory or other appropriate agency for analysis and tests as to 

whether the materials conform in all respects to the Specifications. In cases where commercial 

laboratory reports indicate that the materials do not meet the Specifications, the expense of such 

analysis shall be borne by the Contractor. 

2.10 ACCEPTANCE: 

Upon delivery and/or successful installation, the material(s) shall be deemed accepted and the 

warranty period shall begin. All documentation shall be completed prior to final acceptance. 

2.11 STOCK: 

The Contractor shall be expected to stock locally, sufficient quantities as may be necessary to meet 

the County’s needs. 

2.12 DISCONTINUED MATERIALS: 

2.12.1 In the event that a manufacturer discontinues materials, the County may allow the 

Contractor to provide a substitute for the discontinued item or may cancel the Contract. 

If the Contractor requests permission to substitute a new material, the Contractor shall 

provide the following to the County: 

2.12.1.1 Documentation from the manufacturer that the material has been discontinued. 

2.12.1.2 Documentation that names the replacement material. 

2.12.1.3 Documentation that provides clear and convincing evidence that the 

replacement material meets or exceeds all specifications required by the 

original solicitation. 

2.12.1.4 Documentation that provides clear and convincing evidence that the 

replacement material will be compatible with all the functions or uses of the 

discontinued material. 

2.12.1.5 Documentation confirming that the price for the replacement is the same as or 

less than the discontinued material. 

2.12.2 Material discontinuance applies only to those materials specifically listed on any resultant 

contract. This will not apply to catalog items not specifically listed on any resultant 

contract. 

2.13 WARRANTY: 

2.13.1 All items furnished under this Contract shall conform to the requirements of this Contract 

and shall be free from defects in design, materials and workmanship. 

2.13.2 The warranty period for workmanship and materials shall be for an initial period of 

twelve (12) months and commence upon acceptance by County. 

2.13.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty 

and any applicable limitations or conditions which may apply. 

2.13.2.2 The Contractor agrees that he will, at his own expense, provide all labor and 

parts required to remove, repair or replace, and reinstall any such defective

2.14 BRAND NAME: 


workmanship and/or materials which becomes or is found to be defective 

during the term of this warranty. The Contractor shall guarantee the 

equipment to be supplied complies with all applicable regulations. 

The County reserves the right to request samples to determine quality and acceptability of 

materials bid by Contractor. In some cases, brand names have been listed in order to define the 

desired quality and are not intended to be restrictive or to limit competition. Materials 

substantially equivalent to those designated shall qualify for consideration. 

2.15 MODEL / YEAR OF MATERIALS: 

The County will only accept bids offering current model / year equipment / material(s). 

2.16 TRADE-INS: 

Contractor is required to submit prices on trade-in(s) if requested by County. Whether materials 

will actually be traded is at the option of the County. 

2.17 ORDER CUTOFF INFORMATION: 

Contractors submitting bids shall advise the County of all known order cutoff dates for the 

equipment / product(s) specified in this solicitation at the time of bid submission. Notification of 

any subsequent cutoff date(s) (learned after submission of bid) shall also be the Contractor’s 

responsibility. The Contractor shall advise the County of subsequent cutoff dates by notifying the 

Procurement Officer, in writing, of the new information. 

2.18 INVOICES AND PAYMENTS: 

2.18.1 The Contractor shall submit two (2) legible copies of their detailed invoice before 

payment(s) can be made. At a minimum, the invoice must provide the following 

information: 

� Company name, address and contact 

� County bill-to name and contact information 

� Contract Serial Number 

� County purchase order number 

� Invoice number and date 

� Payment terms 

� Date of service or delivery 

� Quantity (number of days or weeks) 

� Contract Item number(s) 

� Description of Purchase (product or services) 

� Pricing per unit of purchase 

� Freight (if applicable) 

� Extended price 

� Mileage w/rate (if applicable) 

� Arrival and completion time (if applicable) 

� Total Amount Due 

ALL INVOICES SHALL BE MAILED TO: 

MCSO FINANCE/ACCOUNTS PAYABLE 

234 N. CENTRAL AVE. 

PHOENIX, AZ 85004

2.19 TAX: 


2.18.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on 

the Purchase Order. 

2.18.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa 

County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) 

process. After Contract Award the Contractor shall complete the Vendor Registration 

Form located on the County Department of Finance Vendor Registration Web Site 

(www.maricopa.gov/finance/vendors). 

2.18.4 EFT payments to the routing and account numbers designated by the Contractor will 

include the details on the specific invoices that the payment covers. The Contractor is 

required to discuss remittance delivery capabilities with their designated financial 

institution for access to those details. 

Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be 

used in determining low price. 

2.20 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE) 

The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of 

Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. 

Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful 

Respondent under this solicitation, a member of $AVE may access a contract resulting from a 

solicitation issued by the County. If you do not want to grant such access to a member of $AVE, 

please so state in your proposal. In the absence of a statement to the contrary, the County will 

assume that you do wish to grant access to any contract that may result from this Request for 

Proposal. 

2.21 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s) 

County currently holds ICPA’s with numerous governmental entities throughout the State of 

Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase 

their requirements under the terms and conditions of the County Contract. Please indicate on 

Attachment A, your acceptance or rejection regarding such participation of other governmental 

entities. Your response will not be considered as an evaluation factor in awarding a contract. 

3.0 SPECIAL TERMS & CONDITIONS: 

3.1 CONTRACT TERM: 

This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of 

three (3) years. 

3.2 OPTION TO RENEW: 

The County may, at its option and with the approval of the Contractor, renew the term of this 

Contract up to a maximum of three (3) additional years, (or at the County’s sole discretion, extend 

the contract on a month to month basis for a maximum of six (6) months after expiration). The 

Contractor shall be notified in writing by the Office of Procurement Services of the County’s 

intention to renew the contract term at least thirty (30) calendar days prior to the expiration of the 

original contract term. 

3.3 PRICE ADJUSTMENTS: 

Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the 

Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must 

be supported by appropriate documentation. If County agrees to the adjusted price terms, County


shall issue written approval of the change. The reasonableness of the request will be determined by 

comparing the request with the Consumer Price Index or by performing a market survey. 

3.4 INDEMNIFICATION: 

3.4.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold 

harmless County, its agents, representatives, officers, directors, officials, and employees 

from and against all claims, damages, losses and expenses, including, but not limited to, 

attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, 

relating to, arising out of, or alleged to have resulted from the negligent acts, errors, 

omissions, mistakes or malfeasance relating to the performance of this Contract. 

Contractor’s duty to defend, indemnify and hold harmless County, its agents, 

representatives, officers, directors, officials, and employees shall arise in connection with 

any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions 

or mistakes in the performance of this Contract by the Contractor, as well as any person 

or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be 

legally liable. 

3.4.2 The amount and type of insurance coverage requirements set forth herein will in no way 

be construed as limiting the scope of the indemnity in this paragraph. 

3.4.3 The scope of this indemnification does not extend to the sole negligence of County. 

3.5 INSURANCE REQUIREMENTS 

3.5.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein 

stipulated minimum insurance from a company or companies duly licensed by the State 

of Arizona and possessing a current A.M. Best, Inc. rating of A-, VII or higher. In lieu of 

State of Arizona licensing, the stipulated insurance may be purchased from a company or 

companies, which are authorized to do business in the State of Arizona, provided that 

said insurance companies meet the approval of County. The form of any insurance 

policies and forms must be acceptable to County. 

3.5.2 All insurance required herein shall be maintained in full force and effect until all work or 

service required to be performed under the terms of the Contract is satisfactorily 

completed and formally accepted. Failure to do so may, at the sole discretion of County, 

constitute a material breach of this Contract. 

3.5.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance 

or self-insurance maintained by County shall not contribute to it. 

3.5.4 Any failure to comply with the claim reporting provisions of the insurance policies or any 

breach of an insurance policy warranty shall not affect the County’s right to coverage 

afforded under the insurance policies. 

3.5.5 The insurance policies may provide coverage that contains deductibles or self-insured 

retentions. Such deductible and/or self-insured retentions shall not be applicable with 

respect to the coverage provided to County under such policies. Contractor shall be 

solely responsible for the deductible and/or self-insured retention and County, at its 

option, may require Contractor to secure payment of such deductibles or self-insured 

retentions by a surety bond or an irrevocable and unconditional letter of credit. 

3.5.6 County reserves the right to request and to receive, within 10 working days, certified 

copies of any or all of the herein required insurance certificates. County shall not be 

obligated to review policies and/or endorsements or to advise Contractor of any 

deficiencies in such policies and endorsements, and such receipt shall not relieve 

Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of 

Contractor’s obligations under this Contract.


3.5.7 The insurance policies required by this Contract, except Workers’ Compensation, shall 

name County, its agents, representatives, officers, directors, officials and employees as 

Additional Insureds. 

3.5.8 The policies required hereunder, except Workers’ Compensation, shall contain a waiver 

of transfer of rights of recovery (subrogation) against County, its agents, representatives, 

officers, directors, officials and employees for any claims arising out of Contractor’s 

work or service. 

3.5.9 Commercial General Liability: 

Commercial General Liability insurance and, if necessary, Commercial Umbrella 

insurance with a limit of not less than $2,000,000 1,000,000 for each occurrence, 

$2,000,000 Products/Completed Operations Aggregate, and $4,000,000 2,000,000 

General Aggregate Limit. The policy shall include coverage for bodily injury, broad form 

property damage, personal injury, products and completed operations and blanket 

contractual coverage, and shall not contain any provision which would serve to limit third 

party action over claims. There shall be no endorsement or modification of the CGL 

limiting the scope of coverage for liability arising from explosion, collapse, or 

underground property damage. 

3.5.10 Automobile Liability: 

Commercial/Business Automobile Liability insurance and, if necessary, Commercial 

Umbrella insurance with a combined single limit for bodily injury and property damage 

of not less than $2,000,000 1,000,000 each occurrence with respect to any of the 

Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of 

the Contractor’s work or services under this Contract. 

3.5.11 Workers’ Compensation: 

3.5.11.1 Workers’ Compensation insurance to cover obligations imposed by federal 

and state statutes having jurisdiction of Contractor’s employees engaged in the 

performance of the work or services under this Contract; and Employer’s 

Liability insurance of not less than $1,000,000 100,000 for each accident, 

$1,000,000 100,000 disease for each employee, and $1,000,000 500,000 

disease policy limit. 

3.5.11.2 Contractor waives all rights against County and its agents, officers, directors 

and employees for recovery of damages to the extent these damages are 

covered by the Workers’ Compensation and Employer’s Liability or 

commercial umbrella liability insurance obtained by Contractor pursuant to 

this Contract. 

3.5.12 Certificates of Insurance. 

3.5.12.1 Prior to commencing work or services under this Contract, Contractor shall 

furnish the County with valid and complete certificates of insurance, or 

formal endorsements as required by the Contract in the form provided by the 

County, issued by Contractor’s insurer(s), as evidence that policies providing 

the required coverage, conditions and limits required by this Contract are in 

full force and effect. Such certificates shall identify this contract number and 

title. 

3.5.12.1.1 In the event any insurance policy (ies) required by this contract 

is (are) written on a “claims made” basis, coverage shall extend 

for two years past completion and acceptance of Contractor’s 

work or services and as evidenced by annual Certificates of 

Insurance.


3.5.12.1.2 If a policy does expire during the life of the Contract, a renewal 

certificate must be sent to County fifteen (15) days prior to the 

expiration date. 

3.5.13 Cancellation and Expiration Notice. 

Insurance required herein shall not be permitted to expire, be canceled, or materially 

changed without thirty (30) days prior written notice to the County. 

3.6 PROCUREMENT CARD ORDERING CAPABILITY: 

County may determine to use a procurement card that may be used from time-to-time, to place and 

make payment for orders under this Contract. Contractors without this capability may be 

considered non-responsive and not eligible for award consideration. 

3.7 INTERNET ORDERING CAPABILITY: 

It is the intent of County to use the Internet to communicate and to place orders under this 

Contract. Contractors without this capability may be considered non-responsive and not eligible 

for award consideration. 

3.8 REQUIREMENTS CONTRACT: 

3.8.1 Contractors signify their understanding and agreement by signing a bid submittal, that the 

Contract resulting from the bid will be a requirements contract. However, the Contract 

does not guarantee any minimum or maximum number of purchases will be made. It 

only indicates that if purchases are made for the materials contained in the Contract, they 

will be purchased from the Contractor awarded that item. Orders will only be placed 

when the County identifies a need and proper authorization and documentation have been 

approved. 

3.8.2 County reserves the right to cancel Purchase Orders within a reasonable period of time 

after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the 

Contractor but only for actual and documentable costs incurred by the Contractor due to 

and after issuance of the Purchase Order. The County will not reimburse the Contractor 

for any costs incurred after receipt of County notice of cancellation, or for lost profits, 

shipment of product prior to issuance of Purchase Order, etc. 

3.8.3 Contractors agree to accept verbal notification of cancellation from the County 

Procurement Officer with written notification to follow. By submitting a bid in response 

to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this 

cancellation policy. 

3.9 ORDERING AUTHORITY. 

3.9.1 The Contractor should understand that any request for purchase of product(s) shall be 

accompanied by a valid purchase order, issued by Office of Procurement Services, or by 

a Certified Agency Procurement Aid (CAPA). 

3.9.2 County departments, cities, other counties, schools and special districts, universities, 

nonprofit educational and public health institutions may also purchase from under this 

Contract at their discretion and/or other state and local agencies (Customers) may procure 

the products under this Contract by the issuance of a purchase order to the Respondent. 

Purchase orders must cite the Contract number. 

3.9.3 Contract award is in accordance with the Maricopa County Procurement Code. All 

requirements for the competitive award of this Contract have been met. A purchase order


for the product(s) is the only document necessary for Customers to purchase and for the 

Contractor to proceed with delivery of product(s) available under this Contract. 

3.9.4 Any attempt to represent any product not specifically awarded under this Contract is a 

violation of the Contract. Any such action is subject to the legal and contractual remedies 

available to the County, inclusive of, but not limited to, Contract cancellation, suspension 

and/or debarment of the Contractor. 

3.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE: 

Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) 

calendar days advance notice to the Contractor. 

3.11 TERMINATION FOR DEFAULT: 

If the Contractor fails to meet deadlines, or fails to provide the agreed upon service/material 

altogether, a termination for default will be issued. The termination for default will be issued only 

after the County deems that the Contractor has failed to remedy the problem after being 

forewarned. 

3.12 TERMINATION BY THE COUNTY: 

If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit 

of its creditors, or if a receiver should be appointed on account of its insolvency, the County may 

terminate the Contract. If the Contractor should persistently or repeatedly refuse or should fail, 

except in cases for which extension of time is provided, to provide enough properly skilled 

workers or proper materials, or persistently disregard laws and ordinances, or not proceed with 

work or otherwise be guilty of a substantial violation of any provision of this Contract, then the 

County may terminate the Contract. Prior to termination of the Contract, the County shall give the 

Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice, the 

Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies. 

3.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: 

Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without 

penalty or further obligation within three years after execution of the contract, if any person 

significantly involved in initiating, negotiating, securing, drafting or creating the contract on 

behalf of the County is at any time while the Contract or any extension of the Contract is in effect, 

an employee or agent of any other party to the Contract in any capacity or consultant to any other 

party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to 

A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person 

significantly involved in initiating, negotiating, securing, drafting or creating the contract on 

behalf of the County from any other party to the contract arising as the result of the Contract. 

3.14 OFFSET FOR DAMAGES; 

In addition to all other remedies at Law or Equity, the County may offset from any money due to 

the Contractor any amounts Contractor owes to the County for damages resulting from breach or 

deficiencies in performance of the contract. 

3.15 ADDITIONS/DELETIONS OF SERVICE: 

The County reserves the right to add and/or delete materials to a Contract. If a service 

requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount 

of service reduced in accordance with the bid price. If additional materials are required from a 

Contract, prices for such additions will be negotiated between the Contractor and the County.

3.16 SUBCONTRACTING: 


3.16.1 The Contractor may not assign a Contract or Subcontract to another party for 

performance of the terms and conditions hereof without the written consent of the 

County. All correspondence authorizing subcontracting must reference the Bid Serial 

Number and identify the job project. 

3.16.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, 

as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher 

rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, 

who in turn shall pass-through the costs to the County, without mark-up. A copy of the 

Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 

3.17 AMENDMENTS: 

All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa 

County Office of Procurement Services shall be responsible for approving all amendments for 

Maricopa County. 

3.18 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR 

OTHER REVIEW: 

3.18.1 In accordance with section MCI 367 of the Maricopa County Procurement Code the 

Contractor agrees to retain all books, records, accounts, statements, reports, files, and 

other records and back-up documentation relevant to this Contract for six (6) years after 

final payment or until after the resolution of any audit questions which could be more 

than six (6) years, whichever is latest. The County, Federal or State auditors and any 

other persons duly authorized by the Department shall have full access to, and the right to 

examine, copy and make use of, any and all said materials. 

3.18.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records 

and back-up documentation relevant to this Contract are not sufficient to support and 

document that requested services were provided, the Contractor shall reimburse Maricopa 

County for the services not so adequately supported and documented. 

3.19 AUDIT DISALLOWANCES: 

If at any time it is determined by the County that a cost for which payment has been made is a 

disallowed cost, the County shall notify the Contractor in writing of the disallowance and the 

required course of action, which shall be at the option of the County either to adjust any future 

claim submitted by the Contractor by the amount of the disallowance or to require repayment of 

the disallowed amount by the Contractor forthwith issuing a check payable to Maricopa County. 

3.20 VALIDITY: 

The invalidity, in whole or in part, of any provision of the Contract shall not void or affect the 

validity of any other provision of the Contract. 

3.21 RIGHTS IN DATA: 

The County shall have the use of data and reports resulting from a Contract without additional cost 

or other restriction except as may be established by law or applicable regulation. Each party shall 

supply to the other party, upon request, any available information that is relevant to a Contract and 

to the performance thereunder. 

3.22 RELATIONSHIPS: 

In the performance of the services described herein, the Contractor shall act solely as an 

independent contractor, and nothing herein or implied herein shall at any time be construed as to


create the relationship of employer and employee, partnership, principal and agent, or joint venture 

between the County and the Contractor. 

3.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 

3.23.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his 

or her knowledge and belief, that the Contractor, defined as the primary participant in 

accordance with 45 CFR Part 76, and its principals: 

3.23.1.1 are not presently debarred, suspended, proposed for debarment, declared 

ineligible, or voluntarily excluded from covered transactions by any Federal 

Department or agency; 

3.23.1.2 have not within 3-year period preceding this Contract been convicted of or 

had a civil judgment rendered against them for commission of fraud or a 

criminal offense in connection with obtaining, attempting to obtain, or 

performing a public (Federal, State or local) transaction or contract under a 

public transaction; violation of Federal or State antitrust statues or 

commission of embezzlement, theft, forgery, bribery, falsification or 

destruction of records, making false statements, or receiving stolen property; 

3.23.1.3 are not presently indicted or otherwise criminally or civilly charged by a 

government entity (Federal, State or local) with commission of any of the 

offenses enumerated in paragraph (2) of this certification; and 

3.23.1.4 have not within a 3-year period preceding this Contract had one or more 

public transaction (Federal, State or local) terminated for cause of default. 

3.23.2 Should the Contractor not be able to provide this certification, an explanation as to why 

should be attached to the Contact. 

3.23.3 The Contractor agrees to include, without modification, this clause in all lower tier 

covered transactions (i.e. transactions with subcontractors) and in all solicitations for 

lower tier covered transactions related to this Contract. 

3.24 ALTERNATIVE DISPUTE RESOLUTION: 

3.24.1 After the exhaustion of the administrative remedies provided in the Maricopa County 

Procurement Code, any contract dispute in this matter is subject to compulsory 

arbitration. Provided the parties participate in the arbitration in good faith, such 

arbitration is not binding and the parties are entitled to pursue the matter in state or 

federal court sitting in Maricopa County for a de novo determination on the law and facts. 

If the parties cannot agree on an arbitrator, each party will designate an arbitrator and 

those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve 

as a panel to consider the arbitration. The parties will be equally responsible for the 

compensation for the arbitrator(s). The hearing, evidence, and procedure will be in 

accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days 

of the completion of the hearing the arbitrator(s) shall: 

3.24.1.1 Render a decision; 

3.24.1.2 Notify the parties that the exhibits are available for retrieval; and 

3.24.1.3 Notify the parties of the decision in writing (a letter to the parties or their 

counsel shall suffice). 

3.24.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s) 

a proposed form of award or other final disposition, including any form of award for 

attorneys’ fees and costs. Within five (5) days of receipt of the foregoing, the opposing


party may file objections. Within ten (10) days of receipt of any objections, the 

arbitrator(s) shall pass upon the objections and prepare a signed award or other final 

disposition and mail copies to all parties or their counsel. 

3.24.3 Any party which has appeared and participated in good faith in the arbitration 

proceedings may appeal from the award or other final disposition by filing an action in 

the state or federal court sitting in Maricopa County within twenty (20) days after date of 

the award or other final disposition. Unless such action is dismissed for failure to 

prosecute, such action will make the award or other final disposition of the arbitrator(s) a 

nullity. 

3.25 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 

4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 

3.25.1 By entering into the Contract, the Contractor warrants compliance with the Immigration 

and Nationality Act (INA using e-verify) and all other federal immigration laws and 

regulations related to the immigration status of its employees and A.R.S. §23-214(A). The 

contractor shall obtain statements from its subcontractors certifying compliance and shall 

furnish the statements to the Procurement Officer upon request. These warranties shall 

remain in effect through the term of the Contract. The Contractor and its subcontractors 

shall also maintain Employment Eligibility Verification forms (I-9) as required by the 

Immigration Reform and Control Act of 1986, as amended from time to time, for all 

employees performing work under the Contract and verify employee compliance using the 

E-verify system and shall keep a record of the verification for the duration of the 

employee’s employment or at least three years, whichever is longer. I-9 forms are available 

for download at USCIS.GOV. 

3.25.2 The County retains the legal right to inspect contractor and subcontractor employee 

documents performing work under this Contract to verify compliance with paragraph 3.25.1 

of this Section. Contractor and subcontractor shall be given reasonable notice of the 

County’s intent to inspect and shall make the documents available at the time and date 

specified. Should the County suspect or find that the Contractor or any of its subcontractors 

are not in compliance, the County will consider this a material breach of the contract and 

may pursue any and all remedies allowed by law, including, but not limited to: suspension 

of work, termination of the Contract for default, and suspension and/or debarment of the 

Contractor. All costs necessary to verify compliance are the responsibility of the 

Contractor. 

3.26 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §§35- 

391.06 AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN: 

3.26.1 By entering into the Contract, the Contractor certifies it does not have scrutinized business 

operations in Sudan or Iran. The contractor shall obtain statements from its subcontractors 

certifying compliance and shall furnish the statements to the Procurement Officer upon 

request. These warranties shall remain in effect through the term of the Contract. 

3.26.2 The County may request verification of compliance for any contractor or subcontractor 

performing work under the Contract. Should the County suspect or find that the Contractor 

or any of its subcontractors are not in compliance, the County may pursue any and all 

remedies allowed by law, including, but not limited to: suspension of work, termination of 

the Contract for default, and suspension and/or debarment of the Contractor. All costs 

necessary to verify compliance are the responsibility of the Contractor. 

3.27 CONTRACTOR LICENSE REQUIREMENT: 

3.27.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and 

fees necessary and incidental to the lawful conduct of his/her business, and as necessary 

complete any required certification requirements, required by any and all governmental 

or non-governmental entities as mandated to maintain compliance with and in good


standing for all permits and/or licenses. The Respondent shall keep fully informed of 

existing and future trade or industry requirements, Federal, State and Local laws, 

ordinances, and regulations which in any manner affect the fulfillment of a Contract and 

shall comply with the same. Contractor shall immediately notify both Office of 

Procurement Services and the using agency of any and all changes concerning permits, 

insurance or licenses. 

3.27.2 Respondents furnishing finished products, materials or articles of merchandise that will 

require installation or attachment as part of the Contract, shall possess any licenses 

required. A Respondent is not relieved of its obligation to posses the required licenses by 

subcontracting of the labor portion of the Contract. Respondents are advised to contact 

the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain 

licensing requirements for a particular contract. Respondents shall identify which 

license(s), if any, the Registrar of Contractors requires for performance of the Contract. 

3.28 INFLUENCE 

As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an 

employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, 

may be grounds for Disbarment or Suspension under MC1-902. 

An attempt to influence includes, but is not limited to: 

3.28.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, 

entertainment or educational passes or tickets, or any type valuable contribution or 

subsidy, 

3.28.2 That is offered or given with the intent to influence a decision, obtain a contract, garner 

favorable treatment, or gain favorable consideration of any kind. 

If a Person attempts to influence any employee or agent of Maricopa County, the Chief 

Procurement Officer, or his designee, reserves the right to seek any remedy provided by the 

Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided 

by this contract. 

3.29 POST AWARD MEETING: 

The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the 

terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of 

the Contract.

Contract for POLICE EQUIPMENT & SUPPLIES ... - Maricopa County

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